As the Pretendianism movement rages on in 2021, a published comment from Kwantlen First Nation citizen Robert Jago caught my eye:
From the existence of these identity controversies, it might seem like the question of who is Indigenous is complex, hazy and impossible to understand.
However, Indigenous identity is no more confusing than getting a health card or a driver’s license. Each of the more than 600 recognized Indigenous governments in Canada have their own rules to determine who is a member. Most of them are codified, and some are even searchable online. Among real Indigenous people, there isn’t any grey area: it is clear who is Indigenous and who is not.
All the ambiguity on this issue comes from the Pretendians . . .
The 574 Indigenous nations in the U.S. also have their own citizenship rules. Many issue citizenship cards, as suggested by Mr. Jago in his reference to health cards or driver’s licensure.
I do not know much about First Nations identity but I do know that assertions that Indigenous identity is “clear” and so-called Pretendians cause “all the ambiguity,” don’t translate in the United States.
In the U.S., Indigeneity is indeed complex and hazy; it is a grey area.
That is because a great many Indigenous individuals who belong to their societies or nations are excluded by greed-addled, power-mongering tribal politicians. Indigenous individuals are deprived of their Indigenous birthright. They are denied tribal citizenship. They do not get citizenship cards.
The ambiguity on this issue derives in great part from tribal politicians.
Tribal politicians for many tribes have imposed enrollment moratoria, most often to preserve gaming per capita wealth for existing tribal members, who in turn entrench as part of the politicians’ base and vote to keep them in office in perpetuity. Those tribes no longer enroll their babies or children.
Tribal politicians for nearly 90 tribes have disenrolled their relatives, most often to also preserve gaming per capita wealth for existing tribal members, who again help keep the politicians in office. The Eastern Band of Cherokee Indians are a prime example of disenrollment for gaming profit.
Tribal politicians for other tribes simply refuse to enroll their relatives due to racism or fascism. For example, the Muscogee Creek Nation refuses to enroll their Black Freedmen relatives, in violation of MCN’s own 1866 Treaty with the United States and in derogation of basic human rights.
Tribal politicians engaged in such neo-colonialism have made Indigeneity hazy in the U.S. They have made tribal citizenship a grey area. They are the pretenders.
Tribal citizenship could be clear, as with natural born American citizenship. If you are born in the U.S., you belong here as an American. If you are born to a U.S. citizen, you belong here as an American. The Fourteenth Amendment and the United States Code quite clearly guarantee one’s birthright to belong.
But tribal citizenship is not clear. The fact of the matter is there are a great many Indigenous persons who belong, yet do not have a tribal citizenship card or are not tribally enrolled for inhumane and illegal reasons. There are few if any tribal laws that operate like the Fourteenth Amendment.
So if we are going to debate Indigeneity or cancel Pretendians, let’s also call out tribal politicians who deny their peoples’ birthright for power and profit. That, however, requires courage that a great many of us lack. Because we fear our own persecution and disenrollment—or becoming the next “Pretendian.”
Gabriel S. Galanda is the Managing Lawyer of Galanda Broadman, PLLC, an Indigenous rights law firm. He belongs to the Round Valley Indian Tribes, descending from the Nomlaki and Concow Peoples.
